[Senate Report 106-401]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 791
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-401

======================================================================



 
    SAN RAFAEL WESTERN LEGACY DISTRICT AND NATIONAL CONSERVATION ACT

                                _______
                                

               September 7, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2048]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2048) to establish the San Rafael Western 
Legacy District in the State of Utah, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Rafael Western Legacy District 
and National Conservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
    (1) Conservation area.--The term ``Conservation Area'' means the 
San Rafael National Conservation Area established by section 201.
    (2) Secretary.--The term ``Secretary'' means the Secretary of the 
Interior.
    (3) Western legacy district.--The term ``Western Legacy District'' 
means the San Rafael Western Legacy District established by section 
101.

              TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT

SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.

    (a) In General.--In order to promote the preservation, 
conservation, interpretation, scientific research, and development of 
the historical, cultural, natural, recreational, archeological, 
paleontological, environmental, biological, educational, wilderness, 
and scenic resources of the San Rafael region of the State of Utah, as 
well as the economic viability of rural communities in the region, 
there is hereby established the San Rafael Western Legacy District, to 
include the San Rafael National Conservation Area established by 
section 201.
    (b) Areas Included.--The Western Legacy District shall consist of 
approximately 2,842,800 acres of land in the County of Emery, Utah, as 
generally depicted on the map entitled `San Rafael Western Legacy 
District and National Conservation Area' and dated March 24, 2000.
    (c) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Western Legacy District. 
The map and legal description shall have the same force and effect as 
if included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
map and legal description shall be on file and available for public 
inspection in the Office of the Director of the Bureau of Land 
Management, and in the appropriate office of the Bureau of the Land 
Management in Utah.
    (d) Legacy Council.--
          (1) In general.--The Secretary shall establish a Legacy 
        Council to advise the Secretary with respect to the Western 
        Legacy District. The Legacy Council may furnish advice and 
        recommendations to the Secretary with respect to management, 
        grants, projects, and technical assistance.
          (2) Membership.--The Legacy Council shall consist of not more 
        than 10 members appointed by the Secretary. Two members shall 
        be appointed from among the recommendations submitted by the 
        Governor of Utah and 2 members shall be appointed from among 
        the recommendations submitted by the Emery County 
        Commissioners. The remaining members shall be persons 
        recognized as experts in conservation of the historical, 
        cultural, natural, recreational, archeological, environmental, 
        biological, educational, and scenic resources or other 
        disciplines directly related to the purposes for which the 
        Western Legacy District is established.
          (3) Relationship to other law.--The establishment and 
        operation of Legacy Council established under this section 
        shall conform to the requirement of the Federal Advisory 
        Committee Act (5 U.S.C. App.) and the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Assistance.--
          (1) In general.--The Secretary may make grants and provide 
        technical assistance to accomplish the purposes of this section 
        to any nonprofit or unit of government with authority in the 
        boundaries of the Western Legacy District.
          (2) Permitted uses.--Grants and technical assistance made 
        under this section may be used for planning, reports, studies, 
        interpretive exhibits, historic preservation projects, 
        construction of cultural, recreational, educational, and 
        interpretive facilities that are open to the public, and such 
        other expenditures as are consistent with this Act.
          (3) Planning.--Up to $100,000 of amounts available to carry 
        out this section each fiscal year, up to a total amount not to 
        exceed $200,000, may be provided under this subsection only to 
        a unit of government or a political subdivision of the State of 
        Utah for use for planning activities.
          (4) Matching funds.--Federal funding provided under this 
        section may not exceed 50 percent of the total cost of the 
        activity carried out with such funding, except that non-Federal 
        matching funds are not required with respect to--
                  (A) planning activities carried out with assistance 
                under paragraph (3); and
                  (B) use of assistance under this section for 
                facilities located on public lands and that are owned 
                by the Federal Government.
          (5) Authorization of appropriations.--There are authorized to 
        be appropriated under this section not more than $1,000,000 
        annually for any fiscal year, not to exceed a total of 
        $10,000,000.

SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.

    (a) In General.--The Secretary, through the Bureau of Land 
Management and subject to all valid existing rights, shall administer 
the public lands within the Western Legacy District pursuant to this 
Act and the applicable provisions of the Federal Land Policy and 
Management Act (43 U.S.C. 1701 et seq.). The Secretary shall allow such 
uses of the public land as the Secretary determines will further the 
purposes for which the Western Legacy District was established.
    (b) Fish and Wildlife.--Nothing in this Act shall be construed as 
affecting the jurisdiction or responsibilities of the State of Utah 
with respect to fish and wildlife within the Western Legacy District.
    (c) Private Lands.--Nothing in this Act shall be construed as 
affecting private property rights within the Western Legacy District.
    (d) Public Lands.--Nothing in this Act shall be construed as in any 
way diminishing the Secretary's or the Bureau of Land Management's 
authorities, rights, or responsibilities for managing the public lands 
within the Western Legacy District.

            TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA

SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.

    (a) Purposes.--In order to conserve, protect, and enhance for the 
benefit and enjoyment of present and future generations the unique and 
nationally important values of the Western Legacy District and the 
public lands described in subsection (b), including historical, 
cultural, natural, recreational, scientific, archeological, 
paleontological, environmental, biological, wilderness, wildlife, 
educational, and scenic resources, there is hereby established the San 
Rafael National Conservation Area in the State of Utah.
    (b) Areas Included.--The Conservation Area shall consist of 
approximately 947,000 acres of public lands in the County of Emery, 
Utah, as generally depicted on the map entitled `San Rafael Western 
Legacy District and National Conservation Area' and dated March 24, 
2000. Notwithstanding any depiction on such map, the boundary of the 
Conservation Area shall be set back 300 feet from the edge of the 
Interstate 70 right-of-way and 300 feet from the edge of the State 
Route 24 right-of-way.
    (c) Map and Legal Description.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall submit to the 
Congress a map and legal description of the Conservation Area. The map 
and legal description shall have the same force and effect as if 
included in this Act, except the Secretary may correct clerical and 
typographical errors in such map and legal description. Copies of the 
map and legal description shall be on file and available for public 
inspection in the Office of the Director of the Bureau of Land 
Management and in the appropriate office of the Bureau of Land 
Management in Utah.

SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.

    (a) Management.--The Secretary, acting through the Bureau of Land 
Management, shall manage the Conservation Area in a manner that 
conserves, protects, and enhances its resources and values, including 
those resources and values specified in section 201(a), and pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), and other applicable provisions of law, including this Act.
    (b) Uses.--The Secretary shall allow only such uses of the 
Conservation Area as the Secretary finds will further the purposes for 
which the Conservation Area is established.
    (c) Vehicular Uses--
          (1) In general.--Except where needed for administrative 
        purposes or to respond to an emergency, and subject to 
        paragraph (2), use of motorized vehicles in the Conservation 
        Area shall be--
                  (A) prohibited at all times in areas where roads and 
                trails did not exist as of February 2, 2000;
                  (B) limited to roads and trails that--
                          (i) existed as of February 2, 2000; and
                          (ii) are designated for motorized vehicle use 
                        as part of the management plan prepared 
                        pursuant to subsection (f); and
                  (C) managed consistent with section 8340 of title 43, 
                Code of Federal Regulations (relating to designating 
                public lands as open, limited, or closed to the use of 
                off-road vehicles and establishing controls governing 
                the use and operation of off-road vehicles in such 
                areas).
          (2) Limitation on application.--(A) Subparagraphs (A) and (B) 
        of paragraph (1) do not limit the provision of reasonable 
        access to private lands or State lands within the Conservation 
        Area.
          (B) Any access to private lands or State lands pursuant to 
        subparagraph (A) of this paragraph shall be restricted to 
        exclusive use by, respectively, the owner of the private lands 
        or the State.
    (d) Withdrawals--
          (1) In general.--Subject to valid existing rights and except 
        as provided in paragraph (2), all Federal lands within the 
        Conservation Area and all lands and interests therein that are 
        hereafter acquired by the United States are hereby withdrawn 
        from all forms of entry, appropriation, or disposal under the 
        public land laws and from location, entry, and patent under the 
        mining laws, and from operation of the mineral leasing and 
        geothermal leasing laws and all amendments thereto. Nothing in 
        this paragraph shall be construed to effect discretionary 
        authority of the Secretary under other Federal laws to grant, 
        issue, or renew rights-of-way or other land use authorizations 
        consistent with the other provisions of this Act.
          (2) Communication facilities.--The Secretary may authorize 
        the installation of communications facilities within the 
        Conservation Area, but only to the extent that they are 
        necessary for public safety purposes. Such facilities must have 
        a minimal impact on the resources of the Conservation Area and 
        must be consistent with the management plan established under 
        subsection (f).
    (e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing 
shall be permitted within the Conservation Area in accordance with 
applicable laws and regulations of the United States and the State of 
Utah, except that the Utah Division of Wildlife Resources, or the 
Secretary after consultation with the Utah Division of Wildlife 
Resources, may issue regulations designating zones where and 
establishing periods when no hunting, trapping, or fishing shall be 
permitted for reasons of public safety, administration, or public use 
and enjoyment.
    (f) Management Plan.--Within 4 years after the date of enactment of 
this Act, the Secretary shall develop a comprehensive plan for the 
long-range protection and management of the Conservation Area. The plan 
shall describe the appropriate uses and management of the Conservation 
Area consistent with the provisions of this Act. The plan shall 
include, as an integral part, a comprehensive transportation plan for 
the lands within the Conservation Area. In preparing the transportation 
plan the Secretary shall conduct a complete review of all roads and 
trails within the Conservation Area. The plan may incorporate 
appropriate decisions contained in any current management or activity 
plan for the area and may use information developed in previous studies 
of the lands within or adjacent to the Conservation Area.
    (g) State Trust Lands.--The State of Utah and the Secretary may 
agree to exchange Federal lands, Federal mineral interests, or payment 
of money for lands and mineral interests of approximately equal value 
that are managed by the Utah School and Institutional Trust Lands 
Administration and inheld within the boundaries of the Conservation 
Area.
    (h) Access.--The Bureau of Land Management, the State of Utah, and 
Emery County may agree to resolve section 2477 of the Revised Statutes 
and other access issues within the Conservation Area.
    (i) Wildlife Management.--Nothing in this Act shall be deemed to 
diminish the responsibility and authority of the State of Utah for 
management of fish and wildlife within the Conservation Area.
    (j) Grazing.--Where the Secretary of the Interior currently permits 
grazing, such grazing shall be allowed subjects to all applicable laws, 
regulations, and executive orders.
    (k) No Buffer Zones.--The Congress does not intend for the 
establishment of the Conservation Area to lead to the creation of 
protective perimeters or buffer zones around the Conservation Area. The 
fact that there may be activities or uses on lands outside the 
Conservation Area that would not be permitted in the Conservation Area 
shall not preclude such activities or uses on such lands up to the 
boundary of the Conservation Area consistent with other applicable 
laws.
    (l) Water Rights.--Because the available water resources in the 
drainage basins included in part within the exterior boundaries of the 
Conservation Area have already been appropriated--
          (1) nothing in this Act, the management plan required by 
        subsection (f), or any action taken pursuant thereto, shall 
        constitute either an express or implied reservation of surface 
        or ground water;
          (2) nothing in this Act affects any valid existing water 
        rights in existence before the date of enactment of this Act, 
        including any water rights held by the United States; and
          (3) if the United States determines that additional water 
        resources are needed for the purposes of this Act, the United 
        States shall work, with or through any agency that is eligible 
        to hold instream flow water rights, to acquire such rights in 
        accordance with Utah State water law.
    (m) Wilderness Acts.--Nothing in this Act alters the provisions of 
the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to 
wilderness resources within the Conservation Area. Recognizing that the 
designation of wilderness areas requires an Act of Congress, the Bureau 
of Land Management, the State of Utah, Emery County, and affected 
stakeholders may work toward resolving various wilderness issues within 
the Conservation Area.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this title such sums as may be necessary.

                         purpose of the measure

    The purpose of S. 2048 is to establish the San Rafael 
Western Legacy District in the State of Utah, and within the 
District, the San Rafael National Conservation Area.

                          background and need

    The San Rafael Swell region in Emery County, Utah possesses 
important historical, cultural, and natural resources 
representative of the major themes associated with the history 
of the American West. These include Native American culture, 
exploration, pioneering, industrial development, and the 
utilization and conservation of natural resources. This rugged 
area contains important historical sites, has a notable history 
of coal and uranium mining, is widely recognized for its 
paleontological resources and dinosaur quarries, and contains 
significant undeveloped recreational opportunities.
    Many of the historical, cultural, and scientific sites are 
on lands owned by the Federal Government and are managed by the 
Bureau of Land Management or the U.S. Forest Service. The 
rapidly changing character of the American West is bringing 
about a need to rethink traditional Federal land management 
methodologies. S. 2048 offers an opportunity to increase local 
involvement in the shaping of the future of the San Rafael 
Swell area while ensuring the economic viability of the rural 
communities and enhancing the protection of Federal lands. The 
area covered by this legislation encompasses approximately 
2,842,800 acres with approximately 947,000 acres designated as 
the San Rafael National Conservation Area.
    The Western Legacy District and National Conservation Area 
concept is a multi-dimensional approach to managing the diverse 
and unusual lands within the San Rafael Swell. It goes beyond 
the traditional practices employed by Federal agencies in the 
management of public lands through the inclusion of local 
history, cultural and economics, as well as wildlife habitat, 
and educational opportunities for visitors.
    Managing public lands across the West today requires new 
and innovative methodologies. The value of a National 
Conservation Area is the flexibility it gives to agencies in 
managing a broad array of lands and uses. The close involvement 
of the local communities and public land user groups will 
result in protections for critical and sensitive areas beyond 
that provided for under traditional land management practices. 
The National Heritage Area is important because it will provide 
a coordination vehicle which allows private citizens, local 
communities and Federal agencies to work together to showcase 
and preserve the history and lore of the San Rafael swell 
region. In so doing, it will make the area a unique attraction, 
distinct and apart from existing parks and monuments.
    S. 2048 is designed to provide the management tools 
necessary to protect Federal lands through enhanced community 
involvement and the consideration of local needs.

                          legislative history

    S. 2048 was introduced on February 9, 2000, by Senators 
Hatch and Bennett. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 2048 on April 26, 2000. At the 
business meeting on July 13, 2000, the Committee on Energy and 
Natural Resources ordered S. 2048 reported favorably with an 
amendment in the nature of a substitute.

            committee recommendation and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2000, by a voice vote of a 
quorum present, recommends that the Senate pass S. 2048 if 
amended as described herein.

                          committee amendment

    During the consideration of S. 2048, the Committee adopted 
an amendment in the nature of a substitute that is identical to 
the language reported by the House Committee on Resources. The 
amendment is described in detail in the Section-by-Section 
analysis below.

                      section-by-section analysis

    Section 1 provides the short title of the Act, the ``San 
Rafael Western Legacy District and National Conservation Act.''
    Section 2 defines key terms used in the Act.

Title I--San Rafael Western Legacy District

    Section 101 (a) and (b) establishes the San Rafael Western 
Legacy District, which is approximately 2,842,800 acres in the 
Emery County, Utah, and is depicted on the referenced map.
    Subsection (c) requires the Secretary of the Interior (the 
``Secretary'') to submit a map of the Legacy District to 
Congress, and make it available to the public as soon as 
practicable after the date of enactment of this Act.
    Subsection (d) establishes a ``Legacy Council'' to advise 
the Secretary and make recommendations on the management of the 
District. The subsection further describes the membership of 
the Council.
    Subsection (e) allows the Secretary to make grants and 
provide assistance, when matched by nonfederal funds of at 
least 50 percent, to entities within the District for planning, 
reports, studies, interpretive exhibits, historic preservation 
projects, construction of a facilities, and other expenditures 
consistent with the Act. The subsection restricts grants and 
technical assistance for planning to a unit or a political 
subdivision of the State of Utah and restricts the amounts to 
be used for that purpose. The subsection also waives the 
matching funds requirements for planning or for facilities 
located on public lands and owned by the Federal Government. 
The subsection further authorizes appropriations of not more 
than $1,000,000 per year, nor $10,000,000 in total.
    Section 102 specifies that the management of the District 
will be in accordance with this Act and the Federal Land Policy 
and Management Act, and that the Secretary shall allow uses 
that further the purposes of the District. The section further 
specifies that the Act does not affect the jurisdiction or 
responsibilities of the State of Utah will respect to fish and 
wildlife, the private property rights within the District, nor 
diminishes the authority of the Secretary within the District.

Title II--San Rafael National Conservation Area

    Section 201 establishes the San Rafael National 
Conservation Area, approximately 947,000 acres, in Emery 
County, Utah, as depicted on the referenced map. The section 
designates the purposes of the Conservation Area. The section 
also requires the Secretary of the Interior to submit a map to 
the Congress describing the Conservation Area as soon as 
practicable after the date of enactment of this Act.
    Section 202(a) requires the Secretary to manage the 
Conservation Area to conserve, protect, and enhance the 
resources and values of the Conservation Area, consistent with 
the Federal Land Policy and Management Act and other applicable 
laws.
    Subsection (b) requires the Secretary to allow only such 
uses of the Conservation Area that further the purposes for 
which the Conservation Area was established. Motorized vehicles 
are permitted only on designated roads and trails, except where 
needed for administrative or emergency purposes.
    Subsection (c) prohibits motorized vehicles in areas where 
roads did not exist as of February 2, 2000, or which are 
designated for vehicle use in the management plan specified in 
subsection (f), except where needed for administrative 
purposes, and reasonable access to private or State lands.
    Subsection (d) withdraws the lands in the Conservation Area 
to mineral entry, subject to valid existing rights. The 
subsection further authorizes the installation of communication 
facilities within the Conservation Area to the extent necessary 
for public safety .
    Subsection (e) requires the Secretary to permit hunting, 
trapping, and fishing within the Conservation Area, and may, 
after consultation with the Utah Division of Wildlife 
Resources, issue regulations designating zones or time periods 
that restrict those activities.
    Subsection (f) requires the development of a comprehensive 
plan for the protection and management of the Conservation 
Area.
    Subsection (g) allows land exchanges in the Conservation 
Area between the Secretary and the State of Utah School and 
Institutional Trust Lands.
    Subsection (h) authorizes the Secretary, the State of Utah, 
and Emery County, Utah, to resolve access issues with the 
Conservation Area.
    Subsection (i) specifies that the Act does not diminish the 
responsibility and authority of the State of Utah for 
management of fish and wildlife within the Conservation Area.
    Subsection (j) allows existing livestock grazing to 
continue after enactment of this Act.
    Subsection (k) specifies Congress' intent that the 
establishment of the Conservation Area will not lead to the 
creation of protective perimeters or buffer zones around the 
Conservation Area, and that otherwise permitted activities or 
uses that would not be permitted in the Conservation Area shall 
not be precluded up to the boundary of the Conservation Area.
    Subsection (l) specifies that the establishment of the 
Conservation Area shall not constitute any implied or express 
reservation of any water or water right pertaining to surface 
or ground water, nor affect any existing water right, nor 
affect any right approved by a State after the date of 
enactment.
    Subsection (m) specifies the conformance with other acts, 
the cooperative resolution of wilderness issues are not 
precluded.

                   cost and budgetary considerations

    The Congressional Budget Office (CBO) estimate of the costs 
of this measures follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 17, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2048, the San Rafael 
Western Legacy District and National Conservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2048--San Rafael Western Legacy District and National Conservation 
        Act

    Summary: S. 2048 would establish the San Rafael Western 
Legacy District in Emery County, Utah, and would authorize the 
appropriation of $1 million a year for a total of up to $10 
million for the Secretary of the Interior to provide grants and 
technical assistance in support of that district. The bill also 
would establish the San Rafael National Conservation Area 
within the district and would authorize the appropriation of 
sums necessary for the Secretary to manage that area.
    CBO estimates that implementing S. 2048 would cost $15 
million over the 2001-2005 period, assuming appropriation of 
the necessary amounts. Because the bill could affect offsetting 
receipts (a form of direct spending), pay-as-you-go procedures 
would apply; however, CBO estimates that any such effects would 
total less than $500,000 a year. S. 2048 contains no 
intergovernmental or private-sector mandates as defined in the 
unfunded Mandates Reform Act (UMRA). State and local 
governments might incur some costs as a result of the bill's 
enactment, but these costs would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of establishing and managing the legacy 
district and conservation area is shown in the following table. 
The table does not include additional costs that may be 
incurred after 2005 to implement the management plan that would 
be developed under S. 2048. We estimate that such 
implementation costs would not exceed $10 million. The costs of 
this legislation fall within budget function 300 (natural 
resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2001      2002      2003      2004      2005
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level.................................         3         3         3         3         3
Estimated outlays.............................................         3         3         3         3         3
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For the purpose of this estimate, CBO 
assumes that S. 2048 will be enacted by the end of fiscal year 
2000. We also assume that the necessary funds will be 
appropriated starting in fiscal year 2001 and that outlays will 
follow the historical pattern for similar activities.

Spending subject to appropriation

    CBO estimates that establishing and managing the legacy 
district and conservation area as defined in this legislation 
would cost about $3 million annually. That estimate includes $1 
million authorized by the bill for each year to operate an 
advisory council and to provide grants and technical assistance 
to support the legacy district. In addition, based on 
information from the Bureau of Land Management (BLM), CBO 
estimates that the agency would spend about $2 million each 
year to establish and manage the conservation area. That amount 
includes the estimated cost of adding staff and administrative 
services to the area, upgrading and maintaining existing 
infrastructure and facilities, and preparing the management 
plan required by the bill.
    In addition, we estimate that implementing the management 
plan after 2005 could cost up to $10 million, assuming 
appropriation of the necessary amounts. According to BLM, 
implementing that plan probably would require the construction 
of new visitor and interpretive centers, campgrounds, and other 
facilities. Based on information from the agency, we estimate 
that those activities would require up to $10 million in 
additional funding, some of which would be provided by 
nonfederal sources. Because the bill would allow the agency to 
spend four years developing the plan, we expect that any 
spending to implement it would not occur before 2005.

Direct spending (including offsetting receipts)

    S. 2048 would withdraw land in the San Rafael National 
Conservation Area from mining, mineral leasing, and geothermal 
leasing, subject to valid existing rights. Enacting those 
provisions could result in forgone offsetting receipts from the 
federal land over the next five years if, under current law, 
the land would generate receipts from mineral and geothermal 
development. Based on information from BLM, however, we 
estimate that any such effects would total less than $500,000 
each year. We estimate that other provisions in this bill would 
have no significant impact on direct spending.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Because 
provisions in S. 2048 that would withdraw certain lands from 
mining, mineral leasing, and geothermal leasing could affect 
offsetting receipts, pay-as-you-go procedures would apply. CBO 
estimates, however, that any such effects would not be 
significant.
    Estimated impact on state, local, and tribal governments: 
S. 2048 contains no intergovernmental mandates as defined in 
UMRA. The state of Utah and local governments within the state 
might choose to participate in the planning for and management 
of these areas, and incur some costs as a result. Such costs 
would be voluntary, and could be partially offset by federal 
grants authorized by the bill.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On June 1, 2000, CBO transmitted a 
cost estimate for H.R. 3605, the San Rafael Western Legacy 
District and National Conservation Act, as ordered reported by 
the House Committee on Resources on May 16, 2000. The bills are 
substantively the same, the cost estimates are identical.
    Estimate prepared by: Federal Costs: Megan Caroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2048.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2048, as ordered reported.

                        executive communications

    On July 13, 2000 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2048. These 
reports had not been received at the time the report on S. 2048 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
Department of the Interior at the Subcommittee hearing follows:

 Statement of Molly McUsic, Counselor to the Secretary, Department of 
                              the Interior

    Thank you for the opportunity to testify regarding S. 2048, 
the San Rafael Western Legacy District and National 
Conservation Area Act. The San Rafael Swell is an area of 
immense beauty that deserves the special designation and 
protections that this bill confers. The Administration supports 
this legislation because of the additional protections it 
provides for important public lands including the withdrawal 
from mineral development and sale or exchange, restrictions on 
off highway vehicle (OHV) use and innovative provisions for a 
Legacy District. However, we would like the opportunity to work 
with the Committee and Senators Hatch and Bennett to address 
particular concerns and a few technical drafting issues.
    The modification of the sweeping water language in section 
202(k) must be addressed before markup. Furthermore, we believe 
the issue of NCA boundaries may need further modification. 
Wilderness designation for an appropriate portion of this area 
is a difficult issue that remains. The Administration believes 
that wilderness protections for a significant portion of this 
area is warranted and would have preferred that it could have 
been resolved in this legislation.
    Both the NCA and the Legacy District are wholly within 
Emery County, in central Utah--an expanse of nearly 4,500 
square miles populated by only 11,000 hardy souls. Emery County 
contains the longest stretch of interstate highway in America 
(110 miles from Green River to Salina) without highway 
services. Even with a 75 MPH speed limit, the stark and 
stunning beauty of the vertical cliffs, buttes, ridges, alcoves 
and pinnacles captures the eye and the imagination of nearly 
every daytime traveler who uses this remote stretch of 
interstate to traverse this extraordinary area. The place names 
of Emery County (Black Dragon, Robbers Roost, Humbug and 
Convulsion Canyon to name but a few) speak to a storied past 
and a promising future inextricably linked to the human 
history, rugged grandeur and harsh demands of these lands.
    The beauty of the San Rafael Swell area began 40 to 60 
million years ago when a massive uplift formed a geologic 
structure called an anticline. This bulge in the earth's crust 
was later eroded to leave high mesas, deep canyons, domes, 
spectacular arches and spires. The terrain varies from sheer 
cliffs and dazzling canyons to more gently eroded badlands 
broken by shallow washes. The fins and folds of the San Rafael 
Reef jut through the southeast side of the area with dramatic 
sheer-walled cliffs, pinnacles, knobs, twisted canyons and 
valleys of stunning colors. Few canyons can compare to the 
entrenched, narrow gorges of the Black Boxes of the San Rafael 
River which twists and turns through the San Rafael Swell. The 
rugged nature of the region has long served to discourage 
exploration and settlement except by the hardiest of 
individuals.
    Human occupation of the area dates to at least 11,000 years 
ago. Petroglyphs and pictographs attest to occupation of 
indigenous people of the Fremont culture at the turn of the 
first millenium. Early European exploration of the area 
probably dates to the mid- to late 18th-century Spanish 
explorers. Through the 1800s American explorers traveled 
through and around the San Rafael Swell region and were as 
awestruck by the area as we are today. Lieutenant E.G. 
Beckwith, a member of a 1853 railroad exploration expedition, 
wrote this of the region:

          Desolate as is the country over which we have just 
        passed, and around us, the view is still one of the 
        most beautiful and pleasing I have seen. As we 
        approached the river yesterday, the ridges on either 
        side of its banks to the west appeared broken into a 
        thousand forms--columns, shafts, temples, buildings, 
        and ruined cities could be seen, or imagined, from the 
        high points along our route.

    Nineteenth Century settlement of the area can be traced to 
the last colonizing mission called by Brigham Young. Fifty 
families were sent to settle Castle Valley by Brigham Young in 
August 1877, less than a week before the West's greatest 
colonizer left this life. In 1880 Emery County was created by 
the Utah Territorial Legislature and the 1880 Census counted 
556 people, a number which increased to 4,657 by 1900.
    Today, Emery County, which includes both the San Rafael 
Swell Area as well as more hospitable grasslands and river 
bottoms, is poised to meet the future by living in harmony with 
what these lands hold. The legislation before us today reflects 
a recognition that the Federal lands offer opportunities for 
economic growth that do not rely simply on extracting from the 
land but also on preserving and protecting special areas.
    The San Rafael Western Legacy District and National 
Conservation Act provides important protections for this 
beautiful area, insuring future generations may also enjoy it. 
Not only will the people of Emery County have the opportunity 
to rediscover and rejoice in their own considerable history and 
contributions to the region but they will be able to share this 
history with the rest of the country--what a gift to all 
Americans.
    The bill takes a unique two-tier approach to protecting 
this important region. First, S. 2048 creates a nearly one 
million acre National Conservation Area. The San Rafael 
National Conservation Area created by the bill encompasses 
approximately 959,000 acres of BLM-managed public lands. (There 
may be room to consider whether these are the most appropriate 
boundaries or if modifications may be advisable.) Subject to 
valid existing rights these lands will be withdrawn from 
mining, land laws and mineral leasing providing important 
protections. The Secretary is charged under the bill with 
allowing only such uses of the NCA as further the purposes for 
which the conservation area is established--another critical 
protection.
    Importantly, vehicular travel within the NCA will be 
limited to roads and trails designated for their use. The 
designation of roads and trails, along with many other aspects 
of management, will be finally determined as part of a 
management plan. This management plan will be developed with 
complete public input and involvement, and in partnership with 
the Emery County Commissioners. This bill does not in any way 
constrain current BLM authority to limit OHV use as necessary 
to prevent resource degradation. The BLM is committed to taking 
whatever interim actions are necessary to protect the resources 
of the area while the management plan is being developed.
    The NCA encompasses six Wilderness Study Areas (WSAs) 
totaling 269,736 acres and an additional 354,866 acres of lands 
with wilderness characteristics as determined by the BLM in its 
Utah Wilderness Inventory 1999.  This legislation addresses 
wilderness with a hold harmless clause. Section 202(l) of the 
bill makes clear that nothing in the bill alters the provisions 
of the Wilderness Act and FLPMA as they pertain to wilderness 
resources within the NCA. Appropriate wilderness designation is 
a component of providing full protection for these 
irreplaceable lands, and the Administration would liked to have 
seen the wilderness issue resolved as part of this bill. 
However, this bill does protect these areas against 
degradation.
    We are concerned about the language in section 202(k) of 
the bill that deals with water. It contains sweeping language 
not contained in any other law dealing with public lands. We 
would like the opportunity to work with the Committee and 
Senators Hatch and Bennett to resolve this and clarify accurate 
acreage before the bill is marked up. Also, it is our 
understanding that the map, dated February 8, 2000, and created 
by the BLM for the Emery County Commissioners, is the map that 
the bill will reference after markup.
    The second tier of this legislation, a Western Legacy 
District, is a new and unique concept, and one that we believe 
can work well in this situation. This concept was developed 
from the Heritage Area model which has been so successfully 
used in the East, but here has been tailored to work in a 
western landscape dominated by Federal lands. The San Rafael 
Western Legacy District encompasses over 2.8 million acres of 
Federal, state and private lands. The vast majority of these 
lands are 2 million acres of BLM-managed public lands. The 
Western Legacy District encompasses the NCA and is coterminous 
with the boundaries of Emery County.
    The role of the Western Legacy District is to promote the 
conservation, history and natural resources of the area. This 
in turn will provide new economic opportunities to the local 
community. The San Rafael region has a story just waiting to be 
told to a public fascinated with the history of the old west. 
Emery County doesn't need Hollywood to create that story--the 
people of Emery County lived it! Whether it's a retelling of 
Sid's Leap which commemorates a daring and dramatic leap on 
horseback over a 100-foot deep canyon by one of the Swazey 
Brothers or the attempt by another brother to tame a mountain 
lion, there is a tale to be told to a public eager to come, 
see, and hear it.
    The bill establishes a Legacy Council which will provide 
the Secretary advice and recommendations for management of the 
entire area. The bill also authorizes a total of $10 million 
(no more than $1 million in any one year) to be available for 
matching grants and technical assistance. These monies may be 
used for a wide range of projects including: planning, historic 
preservation and educational and interpretive facilities. We 
believe it will allow the local community to more fully realize 
the potential economic benefits derived from the protection of 
the San Rafael region.
    In addition to retelling the history of the settlement of 
the West, there are other opportunities for increased tourism, 
and economic growth. Within the proposed NCA boundary in 
northern Emery County is one of the world's foremost sites for 
dinosaur fossils--the Cleveland-Lloyd Dinosaur Quarry. Over 
12,000 bones including those of the Allosaurus (the largest 
carnivore of the Jurassic Age) and its prey including 
Stegosaurus, Diplodocus and three distinct dinosaur species 
found only in Emery County have been excavated at the site. 
While scientists have explored the quarry since the early part 
of the 20th century, it has become a growing tourist attraction 
in more recent years. The Visitor Center with its mounted 
Allosaurus attracts 5-7,000 visitors annually. This site 
arguably rivals Dinosaur National Monument and the potential 
for increased visitation is excellent.
    Mr. Chairman, the legislation before us provides 
considerable new protections for these important lands. It 
provides the local community with opportunities for economic 
growth and it does so in a rational, realistic manner.
    Finally, Mr. Chairman let me take a moment to commend the 
Emery County Commissioners and the efforts they have made. 
Randy Johnson, Kent Peterson and Ira Hatch deserve enormous 
amounts of credit for the bill before this subcommittee today.
    I would be happy to answer any questions.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 2048, as ordered 
reported.

                                
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